ADMINISTRATION AND ENFORCEMENT
Marginal note:Designation of inspectors
40. (1) The Minister may designate any individual, or class of individuals, as an inspector for the administration and enforcement of this Act and the regulations and may restrict in any manner that the Minister considers appropriate the powers that an inspector may exercise under this Act.
Marginal note:Certificate to be produced
(2) The Minister shall provide an inspector with a certificate of designation and, on entering any place or conveyance under subsection 41(1), the inspector shall produce the certificate to the person in charge of that place or conveyance if requested to do so.
Marginal note:Entry by inspectors
41. (1) Subject to section 42, an inspector may, for the purpose of verifying compliance or preventing non-compliance with this Act or the regulations, enter at any reasonable time any place or conveyance in which the inspector believes on reasonable grounds that an activity to which this Act or the regulations apply is conducted or that there is any material, equipment or document relevant to the administration of this Act or the regulations.
Marginal note:Inspector’s powers
(2) An inspector who enters a place or conveyance may, for the purpose referred to in subsection (1),
(a) examine the place — including any building — or conveyance and any material or equipment found there;
(b) require any person in the place or conveyance to produce, in the manner and form requested by the inspector, any material or equipment found there;
(c) seize and detain for any time that may be necessary any material, equipment or document found there, or any conveyance;
(d) open and examine any receptacle or package found there;
(e) take, or require any person in the place or conveyance to produce, free of charge, a sample of any material found there;
(f) direct the owner or the person having possession, care or control of any material, equipment or document found in the place or conveyance — or of the conveyance — to move it or, for any time that may be necessary, not to move it or to restrict its movement;
(g) conduct, or require any person in the place or conveyance to conduct, any test or analysis or take any measurement of any material or equipment found there;
(h) take photographs or make recordings or sketches;
(i) examine and make copies, in whole or in part, of any book, document or other record found there;
(j) require any person in the place or conveyance to produce any book, document or other record found there for examination or copying;
(k) use or cause to be used any computer system or other device found there to examine information that is contained in or available to the computer system or device;
(l) reproduce any information in the form of a printout or other intelligible output for examination or copying; and
(m) use or cause to be used any copying equipment.
(3) For the purpose of entering the conveyance, the inspector may order the owner or person having possession, care or control of the conveyance to stop it or move it to a place where the inspector can enter it.
Marginal note:Excluded information
(4) Despite subsection (2), the Minister of National Defence may refuse to disclose any information the disclosure of which could reasonably be expected to be injurious to the defence or security of Canada or of a state allied or associated with Canada.
Marginal note:Assistance to inspector
(5) The owner or person in charge of a place or conveyance that is entered by an inspector who is carrying out their functions and every person in that place or conveyance shall give the inspector all reasonable assistance and provide them with any information that they may reasonably require.
Marginal note:Obstruction and false statements
(6) No person shall knowingly obstruct or hinder, or make a false or misleading statement either orally or in writing to, an inspector who is carrying out their functions.
Marginal note:Private property
(7) An inspector who is carrying out their functions and any person accompanying the inspector may enter on and pass through or over private property, and they are not liable for doing so.
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